Terms & Conditions
These Terms and Conditions (“Terms”, “Terms of Service”, “Terms and Conditions”, “Sales Terms”) govern your use of our web pages located at www.trybeam.com.au (hereinafter the ”Website”, “Site”) owned and operated by Expply Pty Ltd (EIN 842665482).
Beam (hereinafter the “Company”, “we”, “our”, “us”)! and you, the person, organisation or entity that purchases products from us (referred to as “you” or “your”) (collectively “the Parties”).
If you do not agree with (or cannot comply with) Agreements, than immediately stop to use the Site.
THESE TERMS APPLY TO ALL VISITORS, CUSTOMERS AND OTHER WHO WISH TO ACCESS OR USE OUR SITE!
Section 1 Access and Use of the Site
- You must only use the Site in accordance with these Terms and any applicable law.
You must not (or attempt to):
Interfere with or disrupt the Site or the servers or networks that host the Site;
Use data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
Interfere with security-related or other features of the Site.
- We do not warrant that the Site will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Site.
- You must not link to our Site or any part of our Site in a way that damages or takes advantage of our reputation, including but not limited to: in a way to suggest or imply that you have any kind of association and affiliation with us, or approval and endorsement from us when there is none; or in a way that is illegal or unfair.
Section 2 Use by Minors
1. Service is intended only for access and use by individuals at least eighteen (18) years old.
2. By accessing or using any of Company, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms.
3. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.
Section 3 Information on this Site
1. The Site and the content on the Site are subject to copyright, trademarks and other intellectual property rights. These rights are owned by or licensed to Beam.
2. You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Site, except as permitted by statute or with our prior written consent.
Section 4 Communications
1. By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by emailing at email@example.com
Section 5 Accounts
1. When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
2. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
3. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
4. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Section 6 Purchases
1. To be eligible to purchase our products you must complete, sign and submit to us the Consent form.
2. You agree to provide true, accurate, current and complete information on your applicable form.
3. We have no obligation to verify the veracity, accuracy or completeness of the information you provide us.
4. All purchases are subject to our approval based on the information you provide to us, and our approval may be withheld in our absolute discretion.
5. Our approval will in no way operate or have the effect of increasing our responsibility or liability under, or otherwise limit any limitation of liability specified in, these Terms.
6. If you wish to purchase any product or service made available through Site (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
7. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
9. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
Section 7 Promotions
1. Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service.
3. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.
Section 8 Product and Orders
1. You may order from us as set out on the Site. We may in our absolute discretion accept or reject an order depending on factors, including whether we consider you to be an eligible candidate for the use of our products (including based on the information that you have provided us), availability of products and our ability to validate payment for the products.
2. It is your responsibility to check the order details, including product and pricing, before you complete your order on the Site.
3. We will provide you with order details when you order and pay on the Site and your payment has been validated.
4. A binding agreement comes into existence between you and us once we have given you an order number.
5. Please be aware that some of the products sold through the Site may not be suitable for children under 18 years of age, so please take extra care when purchasing products for children under 18 years of age.
Section 9 Price and Payments
1. You agree to pay the purchase price specified on the Site at the time that you place your order for the purchase of a product, plus any applicable insurance charges based on the delivery options selected by you. All purchase prices include Australian GST (where applicable). Any insurance charges will be separately shown.
2. You must pay for the product by one of the methods set out on the Site. We accept payment via Stripe, credit card or such other method advised by us from time to time on the Site. Your payment will be processed upon receipt of your order. If credit has been extended your payment will be processed over the billing cycle set-out at the time of purchase. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed then your order may be cancelled.
3. If you make a payment by way of credit card, you warrant that the information provided to us is true, accurate and complete, that you are authorized to use the credit card to make the payment and that the payment will be honored by the card issuer.
Section 10 Subscriptions
1. Some parts of Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a weekly or monthly basis, depending on the type of subscription plan you select when purchasing a Subscription.
2. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Beam cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Beam customer support team.
3. A valid payment method, including credit card or Stripe, is required to process the payment for your subscription. You shall provide Beam with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Beam to charge all Subscription fees incurred through your account to any such payment instruments.
4. Should automatic billing fail to occur for any reason, Beam will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Section 11 Fee Changes
1. Beam, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
2. Beam will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
3. Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Section 12 Content
1. Content found on or through this Service are the property of Beam or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
Section 13 Prohibited Uses
1. You may use Service only for lawful purposes and in accordance with Terms.
2. You agree not to use Service:
In any way that violates any applicable national or international law or regulation.
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
Additionally, you agree not to:
Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of Service.
Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
Take any action that may damage or falsify Company rating.
Otherwise attempt to interfere with the proper working of Service.
Section 14 Analytics
1. We may use third-party Service Providers to monitor and analyze the use of our Service.
2. Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page.
We also encourage you to review Google’s policy for safeguarding your data.
Section 15 Intellectual Property
1. Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Beam and its licensors.
2. Service is protected by copyright, trademark, and other laws of the Australia.
3. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Beam.
Section 16 Error Reporting and Feedback
1. You may provide us directly at firstname.lastname@example.org with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (the “Feedback”).
2. You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have developed ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
Section 17 Links to Other Web Sites
1. Our Service may contain links to third party web sites or services that are not owned or controlled by Beam.
We have no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services.
We do not warrant the offerings of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT BEAM SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THESE TERMS AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.
Section 18 Disclaimer of Warranty
THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Section 19 Dispute
- If there is a dispute between the Parties in relation to these Terms, the Parties agree to the following dispute resolution procedure:
- The complainant must tell the respondent in writing the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet (including by phone or other means) in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
- If the Parties cannot agree how to resolve the dispute at the Initial Meeting, any Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, the complainant will ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the rules, time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.
- Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms, by law or in equity.
Section 20 Consumer Law, Return, Refund and Exchange Policy
- ACL: Certain legislation including the Australian Consumer Law (ACL) set out in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of products by us to you, which cannot be excluded, restricted or modified (Statutory Rights).
- Goods & Services: If you are a consumer as defined in the ACL, you are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. You are also entitled to have services remedied if they are not rendered with due care and skill or they are not fit for purpose and the failure does not amount to a major failure.
- Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our liability for goods and related services provided to a person or entity defined as a “consumer” under the ACL is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights in relation to the goods and related services.
- Seller: Except for your Statutory Rights, all goods, services, material and work is provided to you without warranties of any kind, either express or implied, and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
- Repair, replacement or a refund: If you wish to seek repair, resupply, replacement or a refund for a faulty product, please contact us and we will explain the requirements to you. This may include you: (i) providing proof of purchase, (ii) providing evidence of fault to us, and (iii) returning any faulty products to us. Please note that any discomfort, swelling, sensitivity, numbness, sore jaw muscles or succumbing to an allergic reaction to materials used in our products may not, in itself, be evidence of product fault.
- Refund: If you are entitled to a refund, we will only give you the refund once evidence of fault is received and confirmed by us. Any refund we make will be by the same payment method used to purchase the product.
- Satisfaction guarantee: If your end result does not match your 3D simulation treatment plan, we will provide extra aligners free of charge to ensure you achieve the final result. To qualify for free refinement aligners, you must:
- Upload the requested photos throughout your treatment plan.
- Upload your final photos within 2 weeks of completing the treatment.
- Write to us at email@example.com requesting a refinement within 2 weeks of completion.
- If any of these steps above 20.7.A, 20.7.B, or 20.7.C are not met, refinements may still be available but at an extra cost to the customer.
- All products are to be returned to Beam, 3/40 Smith St Surry Hills, Sydney, NSW, 2010. In returning products to us, please use a trackable carrier. We will review your refund request promptly and will issue you with a full refund using the same payment method used to make the purchase. Please note, this satisfaction guarantee does not apply to products that have been: (i) used other than in accordance with any use instructions supplied or made available by us, (ii) mishandled, (iii) improperly stored, (iii) damaged (by being subjected to heat or otherwise), (iv) modified, or (v) provided to you on the basis that you provided untrue, inaccurate or incomplete information to us.
- Packaging: You must adequately package any product you are returning to us to ensure that it is not damaged during return delivery.
- Duty of care: You have a duty of care for the product while it is in your possession. If you damage products, then subsequently return the products, you may be liable to pay to repair the product to its original condition. In these circumstances, where a repair is not economically viable, no refund will be made.
Section 21 Limitation of Liability and Disclaimers
- Notwithstanding any other provision in these Terms to the contrary, and to the maximum extent permitted by law, you acknowledge and agree that:
- You are solely responsible for determining the suitability of any of our products or the information provided to you on our Site or otherwise, and your use of those products or information is at your own risk;
- You are aware of the inherent risks of injury or ill health resulting from the use of our products and from undertaking dental treatment generally, and you release us against any liability, claim, demand, and proceeding arising directly or indirectly from your use of our products; and
- We take no responsibility for, and will not be liable for the products causing you any adverse effect of any kind, including those set out in our Consent and Disclaimer form.
- Notwithstanding any other provision in these Terms to the contrary, and to the maximum extent permitted by law, we exclude all conditions and warranties, except for your Statutory Rights including but not limited to:
- We expressly disclaim any implied or express guarantees, representations or conditions of any kind, which are not stated in these Terms;
- We take no responsibility for, and will not be liable for the Site or the products being unavailable; and
- We will not be liable for any loss, damage, injury, death, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, suffered by you or claims made against you, arising out of or in connection with the Site, inability to access or use the Site, the products, the late supply of products, or these Terms, even if we were expressly advised of the likelihood of such loss or damage.
- To the extent permitted by law, our total liability arising out of or in connection with the products or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of products under these Terms.
- This clause will survive termination of these Terms.
Section 22 Termination
1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
2. These Terms are effective unless and until terminated by either you or us.
3. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Section 21 Entire Agreement
1. The failure of us exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
2. These Terms shall be governed and construed in accordance with laws of the Australia without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
Section 22 Consumer Guarantees
1. To the extent permitted by law, any conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on us are excluded under these Terms. However, if a supply under these Terms is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law (contained in Schedule 2 to the Competition and Consumer Act 2010), nothing contained in these Terms excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the extent that the Australian Consumer Law permits us to limit our liability, then our liability is limited to: (i) in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and (ii) in the case of software or other goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired and except in the case of a major failure (as that term is defined in the Australian Consumer Law), we can elect as between the remedies set out in paragraphs (i) and (ii) above.
Section 23 Changes to Service
1. We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice.
2. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period.
Section 24 Amendments to Terms
1. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service at any time by posting updates/amended terms and changes to our website.
2. It is your responsibility to review these Terms periodically.
3. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes.
4. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
5. By continuing to access or use our Site after any revisions become effective, you agree to be bound by the revised terms.
6. If you do not agree to the new terms, you are no longer authorized to use Site.
Section 25 Indemnity
1. You agree to indemnify, defend and hold harmless us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or your breach of any law or the right of a third party.
Section 26 Waiver and Severability
1. No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
2. If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
Section 27 Acknowledgment
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
For more information about our Terms and Conditions, if you have questions, or if you would like to make a complaint, please contact us by email: firstname.lastname@example.org.